Appellate Division: Second Judicial Department

M262695

E/mm

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2016-09074, 2016-09075 Nationstar Mortgage, LLC, respondent, v Jeanette Merola Tamargo, et al., appellants, et al., defendant. (Index No. 33729/09)

DECISION & ORDER ON MOTION

2018-01820

Nationstar Mortgage, LLC, respondent,

v Jeanette Merola Tamargo, et al., appellants,

et al., defendant.

(Index No. 33729/09)

Motion by the appellants, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from a judgment of the Supreme Court, Suffolk County, entered September 20, 2017, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to consolidate the appeal from the judgment with appeals from two orders of the same court, both dated December 29, 2014, pursuant to CPLR 5520(c) to deem the notice of appeal from the orders to be a premature notice of appeal from the judgment, in effect, to deem the appellants' appendix and briefs filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental appellants' appendix containing the judgment and the notice of appeal from judgment. Separate motion by the respondent to dismiss the appeals from the orders on the ground that the right of direct appeal therefrom terminated upon entry of the judgment.

Upon the papers filed in support of the appellants' motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the respondent's motion is granted and the appeals from the orders are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branches of the appellants' motion which are pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment, in effect, to deem the appellants' appendix and briefs filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental appellants' appendix containing the judgment and the notice of appeal from judgment are granted, the dismissal of the appeal from the judgment pursuant to 22 NYCRR 1250.10(a) is vacated, the appellants' appendix and briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, and on or before June 16, 2019, the appellants shall correct the covers of the appellants' appendix and the briefs to reflect that the appeal is being prosecuted under Appellate Division Docket No. 2018-01820, shall remove the notice of appeal from the orders from the appellants' appendix, and serve and file a supplemental appellants' appendix containing the judgment and the notice of appeal from judgment; and it is further,

ORDERED that the branch of the appellants' motion which is pursuant to CPLR 5520(c) to deem the notice of appeal from the orders to be a premature notice of appeal from the judgment is denied as unnecessary as a notice of appeal was filed in connection with the appeal from the judgment; and it is further,

ORDERED that the branch of the appellants' motion which is to consolidate the appeals is denied as academic.

BALKIN, J.P., LEVENTHAL, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court